STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: AJ 810215-RO
DRO DOCKET NO.: WY 86S-1235/
ROBERT SENA 1270(OM)
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 10, 1986 the above named petitioner owner filed a Petition for
Administrative Review against an order issued on September 10, 1986 by
the Rent Administrator concerning housing accommodations, located at 1
Leighton Avenue, Yonkers, New York. The Administrator granted in part, an
application for rent increase based on the installation of major capital
The Commissioner has reviewed the record and carefully considered that
portion relevant to the issues presented by the administrative appeal.
The owner commenced this proceeding on March 19, 1986 by filing an
application for a rent increase based on the installation of major capital
improvements. The improvements were installation of new thermal windows,
rewiring of apartments, installing new entrance and vestibule doors and
brick pointing of building. On April 18, 1986 the owner certified that
each tenant had been served with a copy of Application Form RA-79, a copy
of Notice Form RA-79 and three copies of Answer Form RTP-3.
Several tenants filed answers to the application. Although most of the
objections made were non-substantial, some objected to the alleged
rewiring on the grounds that the work done was not building-wide, but
merely in some of the apartment units to correct work violations.
The Administrator granted the application in part. It was noted that a
prior opinion order (YAP-83-131/166) had determined that an MCI increase
would be granted for the installation of a new roof, new thermal windows,
new entrance doors and pointing but not for electrical work and repair as
the intercom which appeared to be normal maintenance and repair. The
Administrator, in that order, had failed to specify the amount of the rent
increase pending full and proper documentation.
The Administrator, in the order appealed from in this proceedings granted
an increase in rent for rent controlled and rent stabilized tenants. As
regards the wiring, the Administrator found that the installation did not
constitute an MCI. It is from that portion of the Administrator's order
that the owner appeals.
DOCKET NUMBER: AJ 810215-RO
The owner argues that the electrical rewiring qualified as an MCI. The
installations were claimed to be required by the Yonkers Building
Department. Attached to the petition is a letter by the contractor, which
set forth the wiring job done. That letter stated:
Install new wiring to all thirty-seven (37) apartments
as needed and to code.
Supply and install new receptacles and single pole
switches to all kitchens, living rooms and bedrooms.
Supply and install new GRF (ground fault) receptacles
to all bathrooms including ceiling lights or receptacles
controlled by single pole switches.
Check and make all necessary repairs to electrical
work to back stairway for 24 hour lighting.
Install one electrically controlled smoke detector to
all 37 apartments.
Make all necessary plaster repairs where walls or
ceiling are opened to conceal wiring.
All debris resulting from above work shall be removed
by the Contractor and job site left broom clean.
Several tenants filed answers to the Petition. The answers again took
issue with the building-wide nature of the wiring. The tenants claimed
that nothing other than the installations of new plugs and switches was
After a careful review of the evidence the Commissioner is of the opinion
that the petition should be denied.
In order to qualify as an MCI, electrical wiring installations must
consist of new copper risers and feeders extending from the property box
in the basement to each accommodation and be of sufficient capacity to
accommodate the installation of air conditioning circuits in living room
and/or bedroom. By petitioner's admission, the installations involved in
this proceeding wire for apartment receptacles, switches and smoke
detectors. That these installations were done to correct building code
violations is irrelevant in deciding whether the work qualifies as an MCI.
The Administrator's order is therefore affirmed.
THEREFORE, pursuant to the Tenant Protection Emergency Tenant Protection
Act and Tenant Protection Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied ad that the
Rent Administrator's order be, and the same hereby is, affirmed.